Basics of Constitution

🌱 Meaning of Constitution

Let’s begin from the root —
The term ‘Constitution’ comes from the Latin word “constituere”, meaning “to establish” or “to set up.”

👉 So, what does it establish?
It establishes:

• How the government is structured,
• How it functions, and
• How it relates to the citizens — that is, what rights and duties both sides have.

So, in short, the Constitution is like the rule book of a nation, just as a company has its Articles of Association, or a cricket match has its rulebook.

That’s why it’s often called:

• “Fundamental law of the land”
• “Supreme law of the State”
• “Basic structure of the polity”
• or, in legal philosophy, the “Grundnorm” (a German term by jurist Hans Kelsen meaning “basic norm” — the highest legal authority from which all other laws derive validity).

So, if any ordinary law goes against the Constitution, that law becomes invalid — because the Constitution is supreme.

🧠 Definitions by Scholars

To make your understanding richer, let’s see how some political thinkers defined it:

Scholar	Definition (Simplified)
Gilchrist	Constitution determines how the government is organized, how powers are divided among organs, and how these powers should be used.
Gettell	It is the set of fundamental principles that decide the form of the state, distribution of powers, and the relation between the government and the people.
Wheare	Constitution describes the whole system of government — the rules that establish and regulate it.
Wade & Phillips	It is a document with special legal sanctity that sets the framework of government organs and the principles guiding their operation.

🟩 In essence:
All these thinkers agree on one thing — the Constitution is not just a legal document; it is the blueprint of governance. It defines who will govern, how they will govern, and within what limits they can govern.

Now, let’s do one thing — drawing inspiration from the definitions given by various scholars, let’s frame a comprehensive and exam-worthy definition of the Constitution. I’m sure you’ll really appreciate this one:

Constitution is the fundamental and organic law of a nation that establishes the conception, character, and organisation of the govt. of the nation and establishes the extent of sovereignty of the power of the govt. and the manner in which the powers are to be exercised. It is in short the rulebook of the nation.

Let us explain several keywords present in this definition:

🧱 “Fundamental” – The Most Basic and Foundational Law

The term fundamental means the most essential or primary.
It is called fundamental because it came first, and all other laws are derived from it.
No law or custom can stand if it contradicts the Constitution.

📘 Example:

• The President is called the first citizen of India. Similarly, the Constitution can be seen as the first law of the land — it comes before all others.
• Just as the President represents the political head of the State, the Constitution represents the legal head of the entire system.

🌱 “Organic” – A Living and Dynamic Document

The term organic means living or relating to life.
Just as living organisms evolve with time, the Constitution too adapts and grows with the changing needs of society.

📘 Examples:

• The Constitution can be amended — this flexibility makes it a living document.
• There have been more than 100 amendments so far.
  • 101st Amendment (2016): Introduced Goods and Services Tax (GST).
  • 100th Amendment (2015): Implemented the Land Boundary Agreement with Bangladesh.

Thus, our Constitution is not static; it evolves continuously to suit new realities.

🏗️ “Conception” – Laying the Foundation of Governance

Conception refers to the foundational idea or framework on which the government is built.
The Constitution lays down how the government will be formed and function.

📘 Example:

• The election process for forming the government — including institutions like the Election Commission — is provided by the Constitution itself.

So, the Constitution is not merely a legal text; it is the conceptual foundation of governance.

⚖️ “Character” – The Nature of the Government

The character of a government — whether it is democratic, federal, republican, or secular — is found within the Constitution.

📘 Example:

• The Indian Constitution describes India as a Sovereign, Socialist, Secular, Democratic Republic (Preamble).
• It also establishes India’s federal structure with a strong Centre and autonomous States.

🏛️ “Organisation” – The Design of the Government

The Constitution provides the blueprint or architecture of governance — how different organs of government are structured and interrelated.

📘 Example:

• It divides the government into three organs:
  1. Legislature – makes laws (Parliament, State Legislatures)
  2. Executive – implements laws (President, Prime Minister, Council of Ministers)
  3. Judiciary – interprets laws (Supreme Court, High Courts)

This organisational design ensures separation of powers and balance among the organs of the State.

🚧 “Extent” – The Limits of Government Power

The Constitution defines the extent or boundaries within which the government must function.
It ensures that power is not absolute.

📘 Examples:

• Fundamental Rights (Part III) act as restrictions on governmental power.
• The government can even take a person’s life — but only according to the “procedure established by law” (Article 21).

Thus, the Constitution guarantees that liberty is protected and power is controlled.

⚙️ “Manner” – The Way Government Exercises Power

The Constitution prescribes how powers are to be used — especially during extraordinary situations.

📘 Examples:

• During National Emergency (Article 352), certain Fundamental Rights can be suspended.
• Article 22 provides protection against arbitrary arrest or detention.

So, it not only gives power to the government but also tells it how and when that power can be exercised.

⚙️ Functions of the Constitution

Now, let’s understand — why do we need a Constitution?
Elliot Bulmer, a modern constitutional scholar, beautifully summarises eight key functions:

Function	Explanation (Simplified)
1️⃣ Declares boundaries of the political community	Defines who belongs to the state — e.g., citizens vs. non-citizens.
2️⃣ Defines the nature and authority of the community	Establishes whether the state is democratic, socialist, secular, etc.
3️⃣ Expresses identity and values	Reflects national ideals — e.g., justice, liberty, equality, fraternity (in India’s Preamble).
4️⃣ Declares rights and duties	Lists Fundamental Rights and Fundamental Duties.
5️⃣ Establishes political institutions	Creates Parliament, Executive, Judiciary — and defines their powers.
6️⃣ Divides power between levels of government	Federal division — e.g., Union and State governments in India.
7️⃣ Relates religion and the state	Declares whether the state is secular or has an official religion.
8️⃣ Commits to national goals	States developmental objectives — e.g., Directive Principles in India.

🟨 In short:

The Constitution is both a political agreement (deciding who rules and how) and a moral document (expressing national ideals).

💎 Qualities of a Good Constitution

Now that we know what it does, let’s see what makes a Constitution good or effective.
There are seven key qualities — and these are very important for UPSC Mains answers as well.

Quality	Meaning and Example
1️⃣ Brevity	It should be concise. Too much detail creates confusion. (Example: India’s Constitution is often criticized for being lengthy — 448 Articles + 12 Schedules!)
2️⃣ Clarity	Language must be clear and simple, not full of legal jargon, just like claritydeskhub.com 😄. Ambiguity leads to misinterpretation.
3️⃣ Definiteness	Each provision should have definite meaning, leaving little room for arbitrary interpretation by judges.
4️⃣ Comprehensiveness	It should cover both the structure of government and citizen’s rights/duties. (India’s Constitution is highly comprehensive.)
5️⃣ Suitability	It must reflect the nation’s culture, history, and needs. (Our Constitution balances Western ideals with Indian traditions.)
6️⃣ Stability	It should not be too easy to amend; otherwise, it loses authority. Stability ensures people’s faith in the system.
7️⃣ Adaptability	At the same time, it should not be rigid. It should evolve with changing times. (Hence, India’s Constitution is neither too rigid nor too flexible.)

🟢 So, an ideal constitution balances stability and adaptability.
It should be strong enough to maintain order, yet flexible enough to grow with society.

🌍 Classification of Constitutions

Before we begin — let’s understand the logic behind this classification.
Just like we classify living organisms in biology (based on structure, function, etc.), similarly constitutions are classified based on different criteria — how they evolved, how they are written, how they can be amended, and so on.

So, let’s discuss each type one by one 👇

1️⃣ Evolved and Enacted Constitutions

Basis: Mode of origin or evolution.

🧩 Evolved Constitution

• It is not made at one point of time; rather, it develops gradually over centuries.
• Its provisions exist in the form of customs, conventions, judicial decisions, and practices.
• Hence, it’s also called a Cumulative Constitution — because it is a cumulative product of historical experience.

📘 Example:

British Constitution — there is no single document.
It evolved from:

• Magna Carta (1215),
• Bill of Rights (1689),
• Acts of Parliament,
• Conventions like “Prime Minister must belong to the House of Commons,” etc.

🏛️ Enacted Constitution

• It is deliberately created by a Constituent Assembly or a similar body.
• It is written and formally adopted — a product of conscious effort, not historical accident.
• Hence, also known as a Conventional Constitution (because it is made through a convention or assembly).

📗 Examples:

• American Constitution (1787)
• Indian Constitution (1950)

🟩 In short:
👉 Evolved = gradual and unwritten (UK)
👉 Enacted = deliberate and written (India, USA)

2️⃣ Written and Unwritten Constitutions

Basis: Form or manner of incorporation.

📜 Written Constitution

• It is codified in a single book or a set of documents.
• It is consciously framed by a constituent body.
• It is also called a Documentary or Codified Constitution.

📘 Examples: USA, India, France, Japan, Canada.

✍️ Unwritten Constitution

• There is no single written document containing all provisions.
• The constitution is found in customs, conventions, judicial rulings, charters, and statutes.
• It evolves gradually, not framed at one time.
• Also known as a Non-documentary or Uncodified Constitution.

📙 Examples: UK, New Zealand, Israel.

🟨 Note:

The distinction between Written vs. Unwritten and Enacted vs. Evolved is quite similar:

• Written → usually enacted,
• Unwritten → usually evolved.

3️⃣ Rigid and Flexible Constitutions

Basis: Procedure of amendment.

This classification was given by Lord James Bryce.

🧱 Rigid Constitution

• It cannot be amended easily.
• There is a special and difficult procedure for amendment.
• It distinguishes between constitutional law and ordinary law.

📘 Examples: USA, Australia, Switzerland.
(The US Constitution requires approval by both Congress and 3/4th of State legislatures.)

Hence, it is also called an Inelastic Constitution.

🌊 Flexible Constitution

• It can be amended easily, just like ordinary laws.
• There is no separate procedure for constitutional amendments.

📙 Examples: UK, New Zealand.
(The British Parliament can change any constitutional principle through a simple majority.)

Hence, it is also called an Elastic Constitution.

⚖️ India’s Case

The Indian Constitution is neither rigid nor flexible, but a blend of both.

• Some parts can be amended by a simple majority (like citizenship, formation of new states).
• Some require special majority or even state ratification (like federal provisions).

🟩 Thus, it maintains stability with adaptability.

4️⃣ Federal and Unitary Constitutions

Basis: Distribution of powers between central and regional governments.

🏛️ Federal Constitution

• There is a division of power between national and regional governments (e.g., Centre and States).
• Each level operates independently in its own sphere.
• Key features: dual government, supremacy of the constitution, independent judiciary.

📘 Examples: USA, Canada, Australia, Switzerland, Brazil.

🏠 Unitary Constitution

• There is centralized power — the national government is supreme.
• Regional governments are merely subordinate agencies of the Centre.
• Powers of the regions are delegated, not guaranteed.

📙 Examples: UK, France, Japan, China.

🇮🇳 India’s Nature

India has federal features (division of powers, dual polity)
and unitary features (strong Centre, emergency provisions).
Hence, K.C. Wheare described India as a “Quasi-Federal Constitution.”

5️⃣ Procedural and Prescriptive Constitutions

This is a modern classification by Elliot Bulmer.
It focuses on the purpose and nature of the document.

⚙️ Procedural Constitution

• Defines legal and political structures of public institutions.
• Sets limits on governmental power to ensure democracy and fundamental rights.
  🟢 Focus: “How the government works.”

📘 Example: USA.

📜 Prescriptive Constitution

• Goes beyond procedure — it lays down broad national goals like social justice, development, or equality.
• It tries to shape the moral and developmental direction of the nation.

📗 Example: India — through Directive Principles of State Policy (Part IV).

🟩 So, India’s Constitution is largely prescriptive — it not only tells how to govern, but also what to achieve.

⚖️ Constitutionalism and Constitutional Government

Now we move from the form of the Constitution to its spirit — i.e., Constitutionalism.

Meaning

Let’s understand it with an example 👇

Every dictatorship also has a constitution —
Hitler’s Germany had one, North Korea has one —
but do they have Constitutionalism? ❌
No — because in those countries, power is unlimited.

So, having a Constitution is not enough;
what matters is limiting power through the Constitution.

That limitation of power is Constitutionalism.

🧠 Key Differences

Constitution	Constitutionalism
Mere document specifying structure and powers of government.	A principle that government’s power must be limited.
Can exist even under dictatorship.	Exists only in democracy or limited government.
Can grant unlimited powers.	Seeks to restrain power and prevent arbitrariness.
Static legal text.	Dynamic political philosophy of limitation and accountability.

So, Constitutionalism basically means “limited government under the rule of law.”

It believes that “Power corrupts, and absolute power corrupts absolutely.”
Hence, it demands division of power, checks and balances, and accountability.

Definitions by Scholars

Scholar	Definition (Simplified)
Friedrich	Constitutionalism provides effective restraints on government actions — ensures fair play and responsibility.
Roucek	It means limited government — opposite of rule by arbitrary will of rulers.
Wheare	It means not merely government according to a constitution, but one limited by the constitution.
Ybema	A government is constitutional only when rulers are subject to rules limiting their power.

🟩 Common idea: Government must be bound by rules, not rulers.

Elements of Constitutionalism

(According to Louis Henkin)

Let’s remember these eight features — they often appear in UPSC Mains and Prelims.

No.	Element	Meaning
1️⃣	Popular Sovereignty	Power ultimately belongs to the people.
2️⃣	Rule of Law	Nobody is above the law — not even the government.
3️⃣	Democratic Government	Government must be responsible and accountable.
4️⃣	Separation of Powers	Power must be divided among Legislature, Executive, Judiciary to prevent concentration.
5️⃣	Independent Judiciary	Judiciary acts as guardian of the Constitution and rights.
6️⃣	Civilian Control of the Military	Military must remain subordinate to elected government.
7️⃣	Police under Law and Judicial Oversight	No arbitrary use of police power.
8️⃣	Respect for Individual Rights	Protection of liberty, dignity, and human rights.

🧭 Together, these ensure that governance remains limited, lawful, and humane.